Supreme Court stays Bombay HC’s order directing ECI to hold Pune Lok Sabha bye-elections
Last Updated on January 8, 2024 by News Desk
Recently, the supreme court stayed the order of the Bombay High Court directing the Election Commission of India (ECI) to immediately hold bye-elections for the Pune Lok Sabha seat which has been vacant since the death of MP Girish Bapat on March 29, 2023.
The Supreme Court bench led by Chief Justice of India (CJI) DY Chandrachud was dealing with a special leave petition by the ECI challenging the High Court order.
The HC A division bench of Justice GS Patel and Justice Kamal Khata, passed the orders on December 13, 2023, directing ECI to immediately conduct the bye-elections for the Pune constituency seat in Lok Sabha. It contended that it was the duty of the ECI to ensure that when a Lok Sabha seat is empty, it is filled within a prescribed period so that constituencies do not remain unrepresented.
However, the Supreme Court observed that Section 151A of the Representation of Peoples Act 1951 would be considered in the instant case. As per this provision, the ECI need not hold bye-elections to fill up a vacant seat if the remainder of the term concerning the vacancy is less than one year. The bench said it will post the matter in March or April and lay down the law.
“There shall be a stay on the impugned HC judgement dated December 13, 2023. We will list it most probably in March or April and thereafter lay down the law,” the apex court noted.
Written by Shagun Behal
